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Current as of January 01, 2024 | Updated by Findlaw Staff
As used in this chapter:
(1) “Disparagement” means the publication to a third party of a false factual statement; and
(a) The published statement is of and concerning the plaintiff's specific perishable agricultural food product;
(b) The statement clearly impugns the safety of the product;
(c) The defendant intended the publication to cause harm to the plaintiff's pecuniary interest, or either recognized or reasonably should have recognized that it was likely to do so;
(d) The defendant made the statement with actual malice, that is, he knew that the statement was false or acted in reckless disregard of its truth or falsity; and
(e) The statement does in fact cause the plaintiff pecuniary loss.
(2) “Perishable agricultural food product” means an agricultural product as defined in section 22-2602, Idaho Code, intended for human consumption which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.
Cite this article: FindLaw.com - Idaho Statutes Title 6. Actions in Particular Cases § 6-2002. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/id/title-6-actions-in-particular-cases/id-st-sect-6-2002/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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